Arizona's tough immigration law stirs national outrage (and support)

Update: Arizona Gov. Jan Brewer signed the measure into law this afternoon. Dan Stein, president of the Federation for American Immigration Reform, a group critical of illegal immigration declared that “once again, Arizona is showing the rest of the nation that in the face of federal indifference to border security, state and local governments have the ability to protect their citizens and public resources.”

President Obama called the Arizona law “misguided.” Marge Baker, executive vice president of the liberal People For the American Way, said the governor “did not stand up to a right-wing smear campaign that has labeled all immigrants as criminals, and demanded blatant racial profiling by police in her state.”

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This report was written by Diana Carlton of the Washington bureau.

The volatile issue of immigration is back on the front burner of American politics as Arizona Gov. Jan Brewer weighs a decision on whether to accept a controversial law passed by the state legislature that has outraged immigration rights advocates and civil liberties groups.

Brewer, a Republican who took office when Democrat Janet Napolitano became U.S. Homeland Security Secretary, is being urged by groups across the political spectrum to either sign or veto the”Support Our Law Enforcement and Safe Neighborhoods Act.” She also could choose to do nothing and have it become law automatically.

The broad measure would give law enforcement officials the unprecedented power to stop and check the documentation of any individual inside the state of Arizona if they decided that “reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.”

Civil rights groups say that the law would legalize racial profiling, would unfairly burden Hispanic Americans and is unconstitutional because of its broad police powers and vague wording.

In a press conference Thursday, Wade Henderson, president and CEO of the Leadership Conference on Civil and Human Rights, voiced concern that the law would target citizens and legal aliens as well as undocumented workers.

“The passage of the bill is a catastrophe in the making,” said Henderson, “It will make racial profiling the norm, which is an offense to the Constitution.”

Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund said he doubts the bill will ultimately take effect — even if it is signed by Gov. Brewer — because of the legal challenges that are sure to be filed.

The law “invades the federal realm of immigration legislation and is a violation of the federal supremacy clause,” said Saenz. “It also raises (a violation of the) equal protection clause under the 14th amendment of the Constitution.”

Opponents of the measure, include some Hispanic elected official in Arizona, are calling for an economic boycott of the state if the governor allows the plan to become law. A similar boycott took place after Arizona refused to recognize Martin Luther King’s birthday as a holiday. The state changed its law after the National Football League rescinded a decision to hold its Super Bowl in the Phoenix area.

Saenz said economic fallout from the law, including inevitable legal challenges, would cost Arizona millions of dollars.

He called on Gov. Brewer to show responsible leadership and stewardship by striking down this “pernicious law”.

Supporters of the law, led by former Republican congressman J.D. Hayworth, say the legislation is an effective means to ramp up border security.

“Simply stated, we need to give law enforcement officers the tools to do their jobs,” said Hayworth, who is challenging Sen. John McCain in the 2010 GOP primary. “Border security is national security and it’s time to take handcuffs off law enforcement and put them on criminals who break our laws

McCain, once the primary author of comprehensive immigration reform, has not spoken out against the bill. In fact he has adopted a tougher stance recently. In an interview Tuesday with Fox TV host Bill O’Reilly, Sen. McCain declared that “the state of Arizona is acting and doing what it feels it needs to do in light of the fact that the federal government is not fulfilling its fundamental responsibility — to secure our borders.”

He quickly added that it would be regrettable if the legislation led to racial profiling. But he said it was aimed at protecting “people whose homes and property are being violated.”

That statement wasn’t enough to keep opponents of the bill from chastising the senator.

“I think it’s fair to say Sen. McCain knows better than anyone else what it will take to implement this law,” said Janet Murguía, president and CEO of the National Council of La Raza and a former Clinton administration official. “We’re disappointed Sen. MccCain would endorse this law, and we hope others will act and take the mantel that he once had in Congress to champion immigration reform.”